Grounds of Unequal Belonging
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This chapter describes the purposive and contextual approach of the relevant grounds of distinction which have an alerting function in the analysis of the right to equal belonging. It discusses three consequences: the singular, fixed and abstract grounds approach is rejected; the mirror comparator approach is also rejected, it seems to be useful, methodologically and substantively, to make a distinction of inter-and intra-group complaints of unequal belonging. The chapter suggests, according to the theory of the right to equal belonging, the ground of classification which triggers suspicions is the ground which is an indicator of a vulnerability and a disadvantage of unequal belonging in the certain case. The various grounds of unequal belonging share a two-fold function. First, they are potential indicators of unequal belonging. Second, and as a consequence of the first function, the grounds of unequal belonging have an alerting function during the analysis, triggering suspicions for a prima facie violation of the right to equal belonging.